Department of Homeland Security August 23, 2007 – Federal Register Recent Federal Regulation Documents

Regulation on Agency Protests
Document Number: E7-16643
Type: Notice
Date: 2007-08-23
Agency: Department of Homeland Security
The Department of Homeland Security, Office of the Chief Procurement Officer, Acquisition Policy and Legislation Office, has submitted the following information collection request (ICR) to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). The Office of the Chief Procurement Officer is soliciting comments concerning a renewal to an existing collection, Regulation on Agency Protests.
Information Collection Authority Under Homeland Security Acquisition Regulation (HSAR)
Document Number: E7-16642
Type: Notice
Date: 2007-08-23
Agency: Department of Homeland Security
The Department of Homeland Security, Office of the Chief Procurement Officer, Acquisition Policy and Legislation Office, has submitted the following information collection request (ICR) to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). The Office of the Chief Procurement Officer is soliciting comments concerning an extension to an existing collection, Information collection authority under Homeland Security Acquisition Regulation (HSAR).
Safety Zone; Patapsco River, Northwest and Inner Harbors, Baltimore, MD
Document Number: E7-16630
Type: Rule
Date: 2007-08-23
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone upon certain waters of the Patapsco River, Northwest Harbor, and Inner Harbor during the movement of the historic sloop-of-war USS CONSTELLATION. This action is necessary to provide for the safety of life on navigable waters during the tow of the vessel from its berth at the Inner Harbor in Baltimore, Maryland, to a point on the Patapsco River near the Fort McHenry National Monument and Historic Shrine in Baltimore, Maryland, and return. This action will restrict vessel traffic in portions of the Patapsco River, Northwest Harbor, and Inner Harbor during the event.
Special Local Regulation; Head of the Connecticut Regatta
Document Number: E7-16627
Type: Proposed Rule
Date: 2007-08-23
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is proposing to change the special local regulations for the Head of the Connecticut Regatta by moving the regulated area of the race from the southern tip of Gildersleeve Island and Light Number 87 to the northern tip of Gildersleeve Island and Light Number 87. This regulation is needed to better protect race participants from recreational and commercial vessel traffic.
Advance Electronic Transmission of Passenger and Crew Member Manifests for Commercial Aircraft and Vessels
Document Number: E7-15985
Type: Rule
Date: 2007-08-23
Agency: Department of Homeland Security, Bureau of Customs and Border Protection
This rule adopts as final, with the modifications set forth in this document, proposed amendments to Customs and Border Protection (CBP) regulations concerning electronic manifest transmission requirements relative to travelers (passengers, crew members, and, in some instances, non-crew members) onboard international commercial flights and voyages arriving in and departing from the United States. The rule is designed to enhance national security and the level of security provided under the regulations for the commercial air and sea travel industries, and consequently increase national security in general. The rule also implements the Intelligence Reform and Terrorism Prevention Act of 2004, which requires that electronic manifest information for passengers onboard commercial aircraft arriving in and departing from the United States, and passengers and crew onboard arriving and departing commercial vessels (with certain exceptions), be vetted by DHS against a government-established and maintained terrorist watch list prior to departure of the aircraft or vessel. Under this final rule, there are three options for air carriers to transmit manifest data for aircraft departing from or en route to the United States: Transmission of passenger manifests in batch form by an interactive method no later than 30 minutes prior to the securing of the aircraft doors (APIS 30); transmission of individual passenger manifest information as each passenger checks in for the flight, up to, but no later than, the time the flight crew secures the aircraft doors (APIS interactive Quick Query or AQQ); and transmission of passenger manifests in batch form by a non-interactive method no later than 30 minutes prior to the securing of the aircraft doors (APIS 30 ``non- interactive''). For sea travel, CBP will require vessel carriers to transmit passenger and crew manifests for vessels departing from the United States no later than 60 minutes prior to departure. For vessels departing from foreign ports destined to arrive at a U.S. port, CBP is retaining the current requirement to transmit passenger and crew arrival manifest data at least 24 hours and up to 96 hours prior to the vessel's entry at the U.S. port of arrival.
Privacy Act of 1974; Customs and Border Protection Advanced Passenger Information System Systems of Records
Document Number: E7-15976
Type: Notice
Date: 2007-08-23
Agency: Department of Homeland Security, Office of the Secretary
Pursuant to the Privacy Act of 1974, the Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) gives notice that it is establishing a new system of records for collecting certain biographical information on all passenger and crew members who arrive in or depart from, or transit through (and crew that over fly) the United States on a covered air or vessel carrier, and, in the case of crew members, those who continue domestically on a foreign air or vessel carrier. The system of records is the Advance Passenger Information System. Previously, this information was maintained within the Treasury Enforcement Communications System and was covered by a system of records notice published for the Treasury Enforcement Communications System. CBP is publishing a new system of records notice in order to permit the traveling public greater access to individual information and a more complete understanding of how and where information pertaining to them is collected and maintained.
Privacy Act of 1974: Implementation of Exemptions; Advanced Passenger Information System
Document Number: E7-15966
Type: Proposed Rule
Date: 2007-08-23
Agency: Department of Homeland Security
The Department of Homeland Security is proposing to amend its regulations to exempt portions of a system of records from certain provisions of the Privacy Act. Specifically, the Department proposes to exempt portions of the Advance Passenger Information System from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements. This notice is a republication of the Treasury Department exemption regulation (title 31, Code of Federal Regulations, part 1) which previously covered the Advanced Passenger Information System as part of the Treasury Enforcement Communications System.
Privacy Act of 1974: System of Records; Secure Flight Records
Document Number: E7-15964
Type: Notice
Date: 2007-08-23
Agency: Department of Homeland Security, Transportation Security Administration
The Transportation Security Administration (TSA) is establishing one new system of records, DHS/TSA 019, under the Privacy Act of 1974, known as ``Secure Flight Records,'' for a passenger screening program known as Secure Flight. The Secure Flight program implements a mandate of the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA) (Pub. L. 108-458, 118 Stat. 3638, Dec. 17, 2004) and is consistent with TSA's authority under the Aviation and Transportation Security Act (ATSA). Section 4012(a)(1) of the IRTPA requires TSA to assume from air carriers the comparison of passenger information for domestic flights to the consolidated and integrated terrorist watch list maintained by the Federal Government. Further, section 4012(a)(2) of IRTPA similarly requires the DHS to compare passenger information for international flights to and from the United States against the consolidated and integrated terrorist watch list before departure of such flights.
Privacy Act of 1974: Implementation of Exemptions; Secure Flight Records
Document Number: E7-15963
Type: Proposed Rule
Date: 2007-08-23
Agency: Department of Homeland Security, Transportation Security Administration
The Transportation Security Administration (TSA) is proposing to amend the Transportation Security regulations to exempt a new system of records from several provisions of the Privacy Act. Secure Flight Records (DHS/TSA 019) will include records used as a part of a passenger watch list matching program known as Secure Flight. The Secure Flight program implements a mandate of the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA) (Pub. L. 108-458, 118 Stat. 3638, Dec. 17, 2004) and is consistent with TSA's authority under the Aviation and Transportation Security Act (ATSA). Section 4012(a)(1) of the IRTPA requires TSA to assume from air carriers the comparison of passenger information for domestic flights to the consolidated and integrated terrorist watch list maintained by the Federal Government. Further, Section 4012(a)(2) of IRTPA similarly requires the DHS to compare passenger information for international flights to and from the United States against the consolidated and integrated terrorist watch list before departure of such flights. Under the Secure Flight program, TSA would assume the current watch list matching function to the No Fly and Selectee from aircraft operators. TSA is proposing exemptions for DHS/TSA 019 to the extent necessary to protect the integrity of investigatory information that may be included in the system of records.
Secure Flight Program
Document Number: E7-15960
Type: Proposed Rule
Date: 2007-08-23
Agency: Department of Homeland Security, Transportation Security Administration
The Intelligence Reform and Terrorism Prevention Act (IRTPA) requires the Department of Homeland Security (DHS) to assume from aircraft operators the function of conducting pre-flight comparisons of airline passenger information to Federal Government watch lists for international and domestic flights. The Transportation Security Administration (TSA) is currently developing the Secure Flight program and issuing this rulemaking to implement this congressional mandate. This rule proposes to allow TSA to begin implementation of the Secure Flight program, under which TSA would receive passenger and certain non-traveler information, conduct watch list matching against the No Fly and Selectee portions of the Federal Government's consolidated terrorist watch list, and transmit boarding pass printing instructions back to aircraft operators. TSA would do so in a consistent and accurate manner while minimizing false matches and protecting privacy information. Also in this volume of the Federal Register, U.S. Customs and Border Protection (CBP) is publishing a final rule to implement pre- departure advance passenger and crew manifest requirements for international flights and voyages departing from or arriving into the United States, using CBP's Advance Passenger Information System (APIS). These rules are related. We propose that, when the Secure Flight rule becomes final, aircraft operators would submit passenger information to DHS through a single DHS portal for both the Secure Flight and APIS programs. This would allow DHS to integrate the watch list matching component of APIS into Secure Flight, resulting in one DHS system responsible for watch list matching for all aviation passengers.